Northern Territory Consolidated Acts

WORKPLACE HEALTH AND SAFETY ACT 2007

TABLE OF PROVISIONS

           Long Title

           Part 1 Preliminary
   1.      Short title
   2.      Commencement
   3.      Objects of Act
   4.      Definitions
   5.      Meaning of
   6.      Act to bind the Territory and other jurisdictions
           Part 2 Administration
           Division 1 Work Health Authority
   7.      Work Health Authority continues
   8.      Constitution of Authority
   9.      Functions and powers of Authority
   10.     Ministerial control
           Division 2 Inquiries
   11.     Authority's power to conduct inquiry
   12.     Authority's powers of inquiry
   13.     Conduct of examination
   14.     Non-compliance with notice or requirement
           Division 3 Workplace safety officers
   15.     Workplace safety officers
   16.     Identity cards for workplace safety officers
   17.     Functions of workplace safety officer
           Division 4 Confidential information
   18.     Duty to preserve confidentiality
   19.     Authority's power to disclose
           Division 5 Immunity from liability
   20.     Immunity from liability
           Part 3 Workplace Health and Safety Advisory Council
   21.     Workplace Health and Safety Advisory Council
   22.     Functions of the Council
   23.     Membership of Council
   24.     Terms and conditions of appointment
   25.     Chair and Deputy Chair
   26.     Meetings of Council
   27.     Council subcommittees
   28.     Annual report of Council
           Part 4 Consultation and worker representation
           Division 1 Duties of employer and worker in regard to consultation
   29.     Objects of this Division
   30.     Duty to consult
   31.     When and how consultation is to take place
   32.     Worker's reciprocal duty in regard to consultation
           Division 2 Constitution of work groups
   33.     Work groups
   34.     Formation of workgroup
   35.     Sharing of costs where there are multiple employers for a single work group
           Division 3 Election of health and safety representatives
   36.     Election of health and safety representative
   37.     Term of office etc. of health and safety representative
           Division 4 Functions and powers of health and safety representative
   38.     Functions of health and safety representative
   39.     Gathering of information by health and safety representative
   40.     Issue of notice of safety hazard
   41.     Issue of stop work direction
           Division 5 Employers' obligations to health and safety representatives
   42.     Training obligations
   43.     Other obligations
   44.     List of representatives to be kept
           Division 6 Health and safety committees
   45.     Health and safety committee
   46.     Functions of health and safety committee
   47.     Duties of employer to health and safety committee
   48.     Exemption from requirement to have health and safety committee of Division
           Division 7 Authorised union OH&S representatives
   49.     Objects of this Division
   50.     Appointment of authorised union OH&S representatives
   51.     Identity cards for authorised union OH&S representatives
   52.     Duration of appointment
   53.     Powers of authorised union OH&S representative
   54.     Compensation for improper interference
           Part 5 Statutory duties of care
           Division 1 Duties towards workers and others
   55.     Employer's general statutory duty of care
   56.     Duties in regard to workplace
   57.     Duties in regard to workplace infrastructure, equipment and materials
           Division 2 Risk management plans
   58.     Risk management plans
           Division 3 Duties of workers
   59.     Duties of workers
           Division 4 Worker health surveillance
   60.     Duty to monitor health and safety
           Division 5 Codes of practice
   61.     Codes of practice
   62.     Compliance with code of practice to be defence
           Division 6 Civil liability
   63.     Civil liability not affected by this Part
           Part 6 Incident notification
   64.     Reportable incidents
   65.     Authority to be notified of reportable incidents
   66.     Power of Authority to require site to be left undisturbed in certain cases
           Part 7 Investigations
   67.     Power to enter workplace
   68.     Workplace safety officer may take assistants
   69.     Warrants
   70.     Powers of officers while at a workplace
   71.     Use of force
   72.     Power of formal interrogation etc.
   73.     Obstructing etc. officer
   74.     General defence
           Part 8 Enforcement
           Division 1 Improvement notices
   75.     Improvement notices
           Division 2 Prohibition notice
   76.     Issue of prohibition notice
           Division 3 Power to stop work for serious risks
   77.     Power to stop work for serious risk
           Division 4 Enforcement notices generally
   78.     Enforcement notices
           Division 4 Injunctive remedies
   79.     Injunctions
           Division 5 Criminal enforcement
   80.     Authority's approval required for criminal prosecution
   81.     Regulatory offences
   82.     Aggravated offences
   83.     Court's power to make orders of various kinds on conviction of offender for offence against this Act
   84.     Court's power on releasing defendant on recognisance
   85.     Vicarious liability of companies
   86.     Offences by officers of companies
           Part 9 Review and appeal
           Division 1 Internal review
   87.     Reviewable decisions
   88.     Application for internal review
   89.     Reference of application to review committee
   90.     Review
           Division 2 Appeals
   91.     Appeal
   92.     Powers of the Court on an appeal
           Part 10 Miscellaneous
   93.     Discrimination against workers
   94.     Abrogation of privilege against self-incrimination
   95.     Review of Act
   96.     Regulations
           ENDNOTES